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A staff member of an NGO who spoke on condition of anonymity reported that [I]mmigration staff employed in the IDC[s] have received little or no training on how to respond to detainees, there is a lack of guidance regarding detainees’ rights and obligations … the lack of regulations and guidelines tends to lead to choosing strict conduct as immigration staff fears to receive sanctions if detainees abscond. 134 The staff member added that “there is no mechanism inside immigration to file complaints about violence, and there are no national standard operational procedures that could standardize simple complaint processes.” 135 Rudy Prasetyo, an immigration officer at Pontianak, explained how new detainees learn what behavior is expected of them: “Usually one or two Afghan asylum seekers speak English, and IOM tells them the rules… sometimes it’s body language.” 136 Migrants said they were punished for a variety of offenses, including attempting escape, possessing mobile phones, going on hunger strikes, or arguing with guards. Groups of migrants have been punished collectively. For instance, after a group of Afghan asylum seekers attempted to escape from Pontianak IDC in February 2012, other Afghan asylum seekers in the facility said they had their recreation curtailed and were no longer allowed to use mobile phones some migrants had been able to purchase. “The Myanmar and Thai people [detained in the facility] can go outside, they can have phones,” 137 said Afghan asylum seeker Nazar M. in a group interview. Zabiullah M., also Afghan, added, “[Immigration] says we can’t because we escaped. But I didn’t escape, that wasn’t me.” 138 There is no independent monitoring body for immigration detention facilities. The Directorate General of Immigration falls under the Ministry for Law and Human Rights, which, as discussed above, does not have clear regulations for oversight of the facilities. 134 Email to Human Rights Watch from NGO staff member, February 25, 2013. 135 Email to Human Rights Watch from NGO staff member, February 25, 2013. 136 Human Rights Watch interview with Rudy Prasetyo, immigration officer, Pontianak IDC, September 4, 2012. 137 Human Rights Watch group interview with Nazar M., Pontianak IDC, September 4, 2012. 138 Human Rights Watch group interview with Zabiullah B., September 4, 2012. 43 HUMAN RIGHTS WATCH | JUNE 2013
As far as Human Rights Watch is aware, no institution has a mandate to monitor treatment of detainees by guards. Failure to Provide for Children’s Rights Conditions for children detained in Indonesian immigration detention facilities violate multiple international standards, leaving children without adequate care. Unaccompanied migrant children are detained with unrelated adults, and many have no contact with their families. No child has meaningful access to education, and recreation and medical care are limited. The prolonged, indefinite detention damages both adult and child mental health. Detention of children—which should only occur in exceptional circumstances—must meet standards in the UN Rules for the Protection of Children Deprived of their Liberty. 139 These rules articulate standards for the provision of education, recreation, and medical care, among others. According to our investigations, several detention facilities in Indonesia failed to meet these standards. Detention of Unaccompanied Migrant Children with Unrelated Adults Unaccompanied migrant children were routinely detained in a number of immigration facilities with unrelated adults, making them vulnerable to exploitation and neglecting their need for specialized care. 140 During a visit to Pontianak IDC in September 2012, Human Rights Watch observed a boy who said he was 16 held in the same area as adult men. Many boys we interviewed reported they were detained with adults. For example, Arif B. from Afghanistan, who was 15 when he was held at Balikpapan IDC, said, “There were four people in each room. In that room, I was the only underage there. The other three were adults.” 141 Faizullah A., also from Afghanistan, was detained at Pontianak IDC: 139 United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Rules for the Protection of Juveniles), adopted December 14, 1990, G.A. Res. 45/113, annex, 45 U.N. GAOR Supp. (No. 49A) at 205, U.N. Doc. A/45/49 (1990), art. 11. 140 United Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules), adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of July 31, 1957, and 2076 (LXII) of May 13, 1977, art. 8(d); ICCPR art. 2(b). 141 Human Rights Watch interview with Arif B., Cisarua, August 30, 2012. BARELY SURVIVING 44
Page 1 and 2: H U M A N R I G H T S W A T C H BAR
Page 3 and 4: Copyright © 2013 Human Rights Watc
Page 5 and 6: Lack of Recreation ................
Page 7 and 8: We spent eight hours on the boat be
Page 9 and 10: There were 20 or 30 unaccompanied m
Page 11 and 12: journeys. One Afghan father explain
Page 13 and 14: Methodology Human Rights Watch carr
Page 15 and 16: Terminology This report focuses on
Page 17 and 18: I. Seeking Refuge: Journeys to Indo
Page 19 and 20: Sample migration routes based on Hu
Page 21 and 22: Once in Indonesia, many migrants an
Page 23 and 24: toward assisting refugees, for inst
Page 25 and 26: II. Lack of Protection for Unaccomp
Page 27 and 28: As far as Human Rights Watch is awa
Page 29 and 30: unrelated adults told us, “I’ve
Page 31 and 32: number of or biographical details f
Page 33 and 34: Young children are detained with on
Page 35 and 36: approximately 14 months. Labaan A.,
Page 38 and 39: Unaccompanied migrant children were
Page 40 and 41: At the time of our investigation, s
Page 42 and 43: could hear him crying … he was be
Page 44 and 45: Abuse is not limited to IDCs: Migra
Page 46 and 47: police room. The police were very b
Page 50 and 51: I told the police I was 17 years ol
Page 52 and 53: from 2010 to 2011 in Tanjung Pinang
Page 54 and 55: Lack of Sufficient Medical Care and
Page 56 and 57: One asylum seeker detained at Ponti
Page 58 and 59: Madudeva N. said he was 17 years ol
Page 60 and 61: Overcrowding results in packed room
Page 62 and 63: Mustafa A., from Afghanistan, was d
Page 64 and 65: “The children sometimes vomit aft
Page 66 and 67: International standards mandate tha
Page 68 and 69: Delays in Getting Review and Status
Page 70 and 71: It’s been eight months without an
Page 72 and 73: V. Restricted Living Conditions out
Page 74 and 75: and now lives in Medan: “Of the p
Page 76 and 77: Children reported that they had lim
Page 78 and 79: VI. Few Options for the Future I am
Page 80 and 81: Compelled to Risk Boat Journeys to
Page 82 and 83: VII. Conclusion and Recommendations
Page 84 and 85: • Enable the National Commission
Page 86 and 87: Regarding Conditions of Confinement
Page 88 and 89: • In regional intergovernmental d
Page 90 and 91: • Monitor conditions of confineme
Page 92: BARELY SURVIVING Detention, Abuse,

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